Floyd v. Mintsey
Court of Appeals of South Carolina
Before Withers, J. at Horry, Fall Term, 1851. The report of his Honor, the presiding Judge, is as follows: ■ “ This action was trespass to try title. The plaintiff established title in one Isabella Floyd, and traced the same to himself, as to two out of seven distributive shares of her heirs at law, by evidence that was not questionable. Isabella derived the land in question from her husband, as widow, the same having been allotted to her on partition.
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Before Withers, J. at Horry, Fall Term, 1851. The report of his Honor, the presiding Judge, is as follows: ■ “ This action was trespass to try title. The plaintiff established title in one Isabella Floyd, and traced the same to himself, as to two out of seven distributive shares of her heirs at law, by evidence that was not questionable. Isabella derived the land in question from her husband, as widow, the same having been allotted to her on partition. The writ, in that proceeding, in reciting the real estate of Francis Floyd, deceased, specifies as follows, to wit: “ Also another plantation…
1Opinion of the Court
The opinion of the Court was delivered by
Fkost, J.
The plaintiff established his title to two-sevenths of the land in dispute, by the purchase of their distributive shares from two of the heirs of Isabella Floyd. The defendant claimed under Theophilus Floyd, the son of Isabella. The title of Theophilus was maintained by evidence of possession, adverse to his mother, acquired and held sometime between the years 1812 and 1828: and, also, by parol evidence of a deed of conveyance from Isabella to Theophilus Floyd. The defendant derived title to himself from Theophilus, by purchase of the land at…
2Cases cited1 opinion
- Little v. Lessee of DelanceySupreme Court of Pennsylvania · 1812
3Cited by1 opinion
- Wigfall v. FobbsSupreme Court of South Carolina · 1988